DUI Probation And Moving To Another Country

**Rachel82** · 05-21-2008, 06:06 AM

My question involves criminal law for the state of: IOWA

I got charged with a DUI 2 months ago, first offense; I never had anything else on my record except a few speeding tickets way back in 2000/01.
I got everything resolved in regards to my DUI I already took the classes, got the ignition installed, my work permit etc. The only thing I have left to do is my court date which is tomorrow, 05/22/08.

My blood alcohol level when I was arrested was .141 which means I can go for deferred judgment. I have a lawyer and I have tried to ask these questions but never really get a direct answer, it's not clear and I am starting to get the feeling that my lawyer is clueless.

I had previously planned on moving to Germany in May/June since I got my DUI I had to stick around and get everything resolved. Now, I found out I am going to be put on probation and my attorney is telling me since I have a family emergency the PO won't have a problem with me moving to Germany for a few months and who knows maybe I'll stay there.

So, I guess my question is...since I am able to go for deferred judgment, will the serious misdemeanor be removed from my record or will I always have that on my record? How long is the probation and can I move to another country while on probation?
I have a dual citizenship does that make a difference?

Thank you!

**LawResearcherMissy** · 05-22-2008, 08:11 PM

will I always have that on my record?

Unless you have it sealed or expunged, yes.

How long is the probation

That's up to the judge.

and can I move to another country while on probation?

That's up to your PO.

Having lived in Germany myself and being well aware of what the German reputation regarding alcohol is (which is different from the German alcohol culture by an order of magnitude), I would say your chances are pretty slim.

Your PO isn't going to care much that the actual German cultural sensibilities with respect to alcohol are...well...SENSIBLE. He's going to go on the reputation, and most likely assume you're going to get into hot water there.